[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23359-23360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09244]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0304; FRL-10023-23-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the 
Act), notice is given of a proposed consent decree in Center for 
Biological Diversity v. Regan, No. 3:20-cv-06020-WHA (N.D. Cal.). On 
August 27, 2020, Plaintiffs Center for Biological Diversity and Center 
for Environmental Health (collectively, Plaintiffs) filed a complaint 
in the United States District Court for the Northern District of 
California, San Francisco Division. On January 22, 2021, Plaintiffs 
filed an amended complaint. Plaintiffs alleged that the Environmental 
Protection Agency (EPA or the Agency) failed to perform certain non-
discretionary duties in accordance with the Act to timely respond to 
numerous state implementation plan (SIP) and control techniques 
guideline (CTG) submissions from the State of California and State of 
Colorado and to timely issue a federal implementation plan (FIP) to 
address specific CAA requirements for one particular area within 
California. The proposed consent decree would establish deadlines for 
EPA to act on certain submissions or, as an alternative for one area in 
California, to issue a FIP.

DATES: Written comments on the proposed consent decree must be received 
by June 2, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0304, online at https://www.regulations.gov (EPA's preferred 
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
number for this action. Comments received may be posted without change 
to https://www.regulations.gov, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Additional Information 
about Commenting on the Proposed Consent Decree'' heading under the 
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance 
of caution for members of the public and our staff, the EPA Docket 
Center and Reading Room are closed to the public, with limited 
exceptions, to reduce the risk of transmitting COVID-19. Our Docket 
Center staff will continue to provide remote customer service via 
email, phone, and webform. We encourage the public to submit comments 
via https://www.regulations.gov, as there may be a delay in processing 
mail and faxes. Hand-deliveries and couriers may be received by 
scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Elizabeth Pettit, Air and Radiation 
Law Office (7313K), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone (202) 566-2879; email address pettit.elizabetha@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2021-0304) contains a copy of the proposed consent 
decree.
    The electronic version of the public docket for this action 
contains a copy of the proposed consent decree and is available through 
https://www.regulations.gov. You may use https://www.regulations.gov to 
submit or view public comments, access the index listing of the 
contents of the official public docket, and access those documents in 
the public docket that are available electronically. Once in the 
system, key in the appropriate docket identification number then select 
``search.''

II. Additional Information about the Proposed Consent Decree

    The proposed consent decree would establish deadlines for EPA to 
take action pursuant to CAA section 110(k) on certain SIP submissions 
by the State of California and State of Colorado, or, as an alternative 
for one area in California, to issue a FIP. First, on November 15, 
2016, the State of California made a SIP submission to EPA intended as 
a revision to the Mendocino County Air Quality Management District 
portion of the California SIP. EPA issued a limited disapproval and 
limited approval of the permitting rule, Rule 1-220, New Source Review 
Standards, on July 3, 2017 (82 FR 30770). The proposed consent decree 
would require EPA to correct deficiencies from the limited disapproval 
by taking action to approve a SIP submission, promulgate a FIP, or 
issue a combination of a partial SIP approval and partial FIP by 
December 15, 2021.
    Second, on August 9, 2017, October 25, 2017, and May 23, 2018, 
California made three SIP submissions or revisions for the Eastern Kern 
(Kern County), California nonattainment area for the 2008 ozone 
National Ambient Air Quality Standards (NAAQS). The proposed consent 
decree would require EPA to take action on certain elements of the 
three submissions by December 15, 2021, February 18, 2022, and December 
15, 2022.
    Third, on May 31, 2017 and May 8, 2019, Colorado made SIP 
submissions for the Denver Metro/North Front Range, Colorado 
nonattainment area for the 2008 ozone NAAQS. The proposed consent 
decree would require EPA to take action on certain elements of the 
submissions by February 15, 2023.
    Fourth, on December 7, 2018, California made a SIP submission for 
the Nevada County (Western part), California nonattainment area portion 
of the California SIP for the 2008 ozone NAAQS. The proposed consent 
decree would require EPA to take action on certain elements of the 
submission by March 31, 2022.
    Fifth, on April 27, 2017 and May 5, 2017, California made SIP 
submissions for the Riverside County (Coachella Valley planning area), 
California nonattainment area portion of the California SIP for the 
2008 ozone NAAQS. The proposed consent decree would require EPA to take 
action on certain elements of the submissions by September 30, 2022.

[[Page 23360]]

    Additionally, during the pendency of this litigation, in the 
ordinary course of its administrative action, EPA has taken final 
action on some of the SIP submissions originally at issue in the 
litigation.\1\
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    \1\ See, for example, 86 FR 11125 (February 24, 2021).
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    In accordance with section 113(g) of the CAA, for a period of 
thirty (30) days following the date of publication of this document, 
the Agency will accept written comments relating to the proposed 
consent decree. EPA or the Department of Justice may withdraw or 
withhold consent to the proposed consent decree if the comments 
disclose facts or considerations that indicate that such consent is 
inappropriate, improper, inadequate, or inconsistent with the 
requirements of the Act.

III. Additional Information About Commenting on the Proposed Consent 
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2021-
0304, via https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from this docket. EPA may publish any comment 
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information 
identified as CBI, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this document. Note that written 
comments containing CBI and submitted by mail may be delayed and 
deliveries or couriers will be received by scheduled appointment only.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an email address or other 
contact information in the body of your comment. This ensures that you 
can be identified as the submitter of the comment and allows EPA to 
contact you in case EPA cannot read your comment due to technical 
difficulties or needs further information on the substance of your 
comment. Any identifying or contact information provided in the body of 
a comment will be included as part of the comment that is placed in the 
official public docket and made available in EPA's electronic public 
docket. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment.
    Use of the https://www.regulations.gov website to submit comments 
to EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, email address, or other 
contact information unless you provide it in the body of your comment.
    Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2021-09244 Filed 4-30-21; 8:45 am]
BILLING CODE 6560-50-P


